87-499
RESOLUTION NO. 87R-499
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3721.
WHEREAS, after a request for variance by LINCOLN
PROPERTY LTD., 19742 MacArthur Blvd., #240, Irvine, CA 92715,
owner, was received, a public hearing before the Planning
Commission of the City of Anaheim was held upon due and proper
notice, a result of which Variance No. 3721 was granted covering
the following described property:
COMMENCING AT A POINT ON THE WEST LINE OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS,
OF SAID ORANGE COUNTY, 425 FEET SOUTH OF THE NORTHWEST
CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST
QUARTER RUNNING THENCE SOUTH ON SAID WEST LINE 268
FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHEAST QUARTER 315 FEET;
THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
NORTHEAST QUARTER OF THE NORTHEAST QUARTER 693 FEET;
THENCE WEST ON THE NORTH LINE OF SAID NORTHEAST
QUARTER 212.50 FEET; THENCE SOUTH PARALLEL WITH THE
WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER 425 FEET; THENCE WEST 102.50 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THE NORTH 66 FEET THEREOF; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a public hearing
noticed and held as prescribed by law and, as a result thereof, the
City Council does hereby make the following findings:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted to permit establishment of an 8-lot commercial
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subdivision on the property hereinbefore described with waivers of
the following sections of the Anaheim Municipal Code:
SECTION 18.01.130
- Required lot frontage.
(All lots to abut a public street or
alley; Parcel Nos. 3, 4, 6, 7 and 8 with no
street or alley frontage proposed)
That said variance be granted subject to the following conditions:
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1.
That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification
No. 87-88-22, now pending.
2 .
That a reciprocal access and parking agreement between
all newly created parcels on subject property, in a form
satisfactory to the City Attorney, shall be recorded with
the Office of the Orange County Recorder. A copy of the
recorded agreement shall then be submitted to the Zoning
Division.
3 .
That a reciprocal access agreement, in a form
satisfactory to the City Attorney, between subject
property and property to the east (currently developed
with the Kettle Restaurant), shall be recorded with the
Office of the Orange County Recorder.
4.
That all driveways shall be constructed with ten (lO)
foot radius curb returns as required by the City
Engineer. Existing broken or cracked driveways shall be
removed and replaced as required by the City Engineer.
5 .
That should this subdivision be developed as more than
one subdivision, each subdivision thereof shall be
submitted in tentative form for approval.
6 .
That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1 though 4.
That prior to final parcel map approval, condition Nos.
l, 2 and 3, above-mentioned, shall be complied with.
That prior to final map approval, the requirements set
forth in Condition Nos. 4, and 6, abovementioned, shall
be set forth on the face of the final map in a form
satisfactory to the City Engineer.
That approval of this application constitutes approval of
the proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any other
applicable City regulations. Approval does not include
any action or findings as to compliance or approval of
the request regarding any other applicable ordinance,
requlation or requirement.
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BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that adoption of this
Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should
any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of December, 1987.
MA Y ~~Ê ~-;;;\NAHE 1M
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CLEKK
SIAT\:<: OF CALIFORlUA
COUNTY OF ORANGE
CITY OF ANAHEIM
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58.
I, LEONORA. N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
tile foregoing Resolution No. 87R-49':J was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 8tn day of December, 1987, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Hunter, Kaywood and Bay
¡WE): COUNCIL l1EMBERS: Pickler
A.rlSEhT: CO UNCIL MEHBERS: Ehrle
A.l'lD ; FURTHEK certify that the !'iayor of the City of Anaheim signed said
Resolution No. 87R-499 on the 8th day of December, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of December, 1987.
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CITY CL~ OF THE CITY OF ~ HElM
(SEAL)
[, LEm¡ORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-499 duly passed and
'idopted by the Anaheim City Council on December 8,1987.
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CITY CLERK OF THE CITY OF HElM
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